Regulation 3 Significant increase in price: beer

(1)

For the purposes of these Regulations, a “significant increase” in the price of beer^f1 supplied to a tied pub tenant takes place on the issue to the tied pub tenant of an invoice for beer (“the relevant invoice”) where the following two conditions are met.

(2)

The first condition is that—

(a)

one or more invoices for beer were issued to the tied pub tenant in the comparison period; and

(b)

those invoices included at least one for beer of the same kind as beer invoiced in the current period.

(3)

The second condition is that—

(\frac{A - B}{B} \times 100) > (\frac{C - D}{D} \times 100) + 3

where—

A is the average unit price of current period beer;
B is the average unit price of comparison period beer;
C is the level of the producer price index on the day the relevant invoice is issued;
D is the level of the producer price index on the day 12 months before the relevant invoice is issued.

(4)

In this regulation—

(a)

“beer” means beer supplied under a product tie^f2;

(b)

“current period beer” means all beer invoiced to the tied pub tenant in the current period, excluding any of a kind not invoiced to the tied pub tenant in the comparison period;

(c)

“comparison period beer” means all beer invoiced to the tied pub tenant in the comparison period, excluding any of a kind not invoiced to the tied pub tenant in the current period;

(d)

beer invoiced in a period is “of the same kind” as beer invoiced in another period if they are—

(i)

of the same brand; and

(ii)

sold in the same units;

(e)

“the current period” means the period of 4 weeks ending with the day on which the relevant invoice is issued;

(f)

“the comparison period” means the period of 4 weeks ending with the day 12 months before the day on which the relevant invoice is issued;

(g)

“invoice for beer” includes an invoice which covers (in addition to beer) products other than beer, or services; and references to beer being invoiced are to be read accordingly;

(h)

references to prices are to prices exclusive of value added tax but inclusive of excise duty;

(i)

“the producer price index” means the producer price index published by the Statistics Board^f3 in respect of beer (including duty);

(j)

references to the level of the producer price index on any day are to the level of that index, in the index most recently published before the end of that day, in respect of the most recent month covered by that publication.

Annotations

Footnotes

f1: Section 68(8) of SBEEA 2015 defines “beer”.
f2: Section 72(1) of SBEEA 2015 defines “product tie”.
f3: The Statistics Board is established by section 1 of the Statistics and Registration Service Act 2007 (c.18). In Welsh, the Statistics Board is known as Y Bwrdd Ystadegau.